When you or a loved one is undergoing medical treatment, you have a right to know what is happening to your body and the proposed treatments the doctor offers. These proposed treatments also must outline the benefits and risks so that you can make the best possible decision. When a doctor does not fully inform their patient of what may occur during the course of their treatment or procedure and the patient suffers an injury, the doctor can be liable for medical malpractice.

How does informed consent apply to my case?

Informed consent can be defined as the process of proving important information regarding any treatment or procedure that a medical professional performs so as to allow a patient to make a knowledgeable decision. Essentially, the patient must be as informed as possible in order to make decisions concerning their own body. Should a doctor neglect to inform you of the risks that you face, you can argue that you would not have opted to undergo this treatment and that they are liable for any subsequent injuries.

Information that must be disclosed includes any that:

• Would have been disclosed by other doctors in the same situation; or
• Would have caused a normal patient to make a different decision;
• Unless the patient needed immediate, emergency treatment or is emotionally fragile.

In addition, a doctor that changes the course of treatment after receiving informed consent for a different treatment is breaking the laws of informed consent, even if no injuries occurred. This does not apply in instances where a doctor finds and fixes an additional medical complication in the midst of a procedure.

While informed consent may involve signing a form or information sheet, this is not enough to warrant informed consent. The medial professional must discuss the risks, allow you to ask any questions, and ensure that you completely understand what you may be undergoing. If you are unsure whether or not the injuries you suffered during a medical procedure were related to informed consent, use the directory to contact a medical malpractice attorney in your area.